The National Prosecuting Authority (NPA) will appeal the court judgement to acquit Nigerian televangelist pastor Timothy Omotoso and his co-accused on rape, human trafficking and sexual assault charges.
NPA national spokesperson Adv Mthunzi Mhaga said the decision to appeal the acquittal judgement follows a thorough consideration of the matter by an NPA internal team of experienced prosecutors and a legal opinion from senior counsel.
“The NPA’s director of public prosecutions in the Eastern Cape, Mr Barry Madolo, has decided to appeal the judgement of the Eastern Cape Division of the High Court in Gqeberha, delivered by Judge Irma Schoeman on 02 April 2025, relating to the case against Timothy Omotoso and two others.
NPA needed to read all transcripts
“The decision could not be rushed due to the complexity of the matter. This as well as the voluminous transcript that needed to be interrogated,” said Mhaga.
He said the NPA takes the view that there are reasonable prospects of a successful appeal. This is despite the complexities of the legal process.
“A convicted person may appeal a conviction on both facts and the law. However, the state can only appeal an acquittal judgement on a question of law (as opposed to facts) in terms of Section 319 of the Criminal Procedure Act (CPA). The first step in this process is to request that the judge clarify factual findings.
“The relevant papers in this regard were filed with the Registrar of the High Court in Gqeberha. They were filed on Monday, 12 May 2025.
“Once a clarification of the factual findings is received from the judge, the NPA’s legal team will finalise the papers on the reservation of questions of law. It will also file this application with the Registrar of the High Court,” said Mhaga.
Internal investigation
“Even though Section 319 of the CPA does not prescribe the timeframe for the filing of such papers, we undertake to file the application within a reasonable period to avoid any
undue delay,” added Mhaga.
In addition, he said the NPA is proceeding with the internal investigation into the conduct of the first team of prosecutors involved in this matter, which started in August 2024.
“Since the judgement, the scope of the investigation has been extended to include both prosecution teams. This is with a view to identify, if necessary, disciplinary steps to be taken against persons involved.
“After the court’s judgment, the NPA appointed additional officials to assist with the investigation. This was due to its extended scope. The report from the investigation is expected in June 2025,” said Mhaga.
Omotoso was acquitted on all charges of rape, human trafficking, and sexual assault in April. He had been accused of luring female congregants to his church and forcing them into sexual acts. He was also accused of restricting their freedom to leave.
New arrest on immigration-related charges
His co-accused, senior church members Lusanda Solani and Zikiswa Sitho, were also acquitted.
Meanwhile, Omotoso was arrested in East London on Saturday morning. The arrest was for contravening provisions of the Immigration Act.
He appeared at the East London Magistrate’s Court on Monday on the same charge.
His case is expected to continue on Tuesday.
